These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Jivana Health and Wellness Pty Ltd (“Jivana”) and apply to the ordering, purchase, fulfilment and delivery of goods (“Goods”) or services (“Services”) from www.jivana.com.au (“website”). By placing an order for Goods or Services from Jivana you agree to these Terms and Conditions.
Please read the following Terms and Conditions carefully before placing your order as they contain important information about the ordering, processing, fulfilment and delivery of products, including limitation of liability.
If you do not understand these terms or have any questions, please contact Jivana on ph: +61413858505 or email: firstname.lastname@example.org.
1 Your legal rights
Your purchase of Goods or Services will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods or Services must be of acceptable quality, reasonably fit for the purpose that Jivana represents they will be fit for and that the Goods or Services will correspond with any description. Nothing in these Terms or Conditions shall be read or applied so as to exclude, restrict, modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
2 Pricing & taxes
2.1 Prices for Goods or Services are shown on the website.
2.2 Jivana reserves the right to change the prices of Goods or Services at any time without notice to you. The price displayed at the time you place your order will continue to apply to you even if the price changes before your order is accepted by Jivana.
2.3 In addition to the price of Goods, you will also need to pay the advertised delivery charge (if any) (“Delivery Charge”). Any Delivery Charge will appear in your shopping cart.
2.4 If Jivana agrees to deliver the Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges will appear in your shopping cart.
2.5 By placing an order, you agree to pay the price for the Goods, any Delivery Charge or any International Delivery Charge.
2.6 All prices, Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.
3.1 You can place an order by following the instructions on the Jivana website.
3.2 An order submitted by you is an offer by you to purchase the Goods or Services for the price plus the Delivery Charge or International Delivery Charge (and GST) as shown at the time of submission of your order. Jivana may accept or reject your offer in its absolute discretion. In particular, but without limitation, Jivana may reject orders for commercial quantities of Goods or Services. If you wish to order commercial quantities of Goods or Services, please contact a Jivana representative on (03) 9527 6166.
3.3 Each order you place, if accepted by Jivana, will be a separate and binding agreement between you and Jivana with respect to the supply of Goods or Services, in accordance with these Terms and Conditions.
3.4 If you place an order for someone else to receive the Goods or Services, you must obtain their consent before providing Jivana with their personal information and, by placing an order, you confirm to Jivana that you have done this.
3.5 Various Commonwealth, State and Territory laws provide that certain goods and services may only be sold to persons over a particular age (“Restricted Goods or Services”). By placing an order for any Restricted Goods or Services you warrant to Jivana that you are of an authorised age. When placing an order for Restricted Goods or Services you warrant that you are not obtaining the Goods or Services on behalf of a person who is not eligible to purchase the Restricted Goods or Services themselves.
3.6 Please ensure that you enter all information carefully when placing an order. You warrant to Jivana that all information provided by you in relation to each order is complete, true and accurate to enable the processing and delivery of your order. Except to the extent otherwise required by law, Jivana will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods or Services to you (or your nominated recipient) due to inaccurate or incomplete details provided in respect of an order by you. Jivana will use reasonable endeavours to cancel or change the order if it has not already been shipped but makes no representation that it will be able to do this.
3.7 Where you place consecutive or separate orders, the Goods will be delivered separately and a separate Delivery Charge (or International Delivery Charge if applicable) will apply to each order. Jivana cannot consolidate separate orders into one delivery.
3.8 Where you order more than one item in one order, all Goods for which your order is accepted at the time will be dispatched together where practicable. However, in some cases, Goods may be dispatched separately, for example: in order to ensure you receive the Goods as promptly as possible; where the Goods are being dispatched from different locations; or where the Goods are of different types. Please note that Delivery Charges and International Delivery Charges are weight based and consequently you may be required to pay a separate Delivery Charge or International Delivery Charge, if applicable, regardless of whether they are delivery to you separately or in one delivery.
3.9 You acknowledge that all Goods or Services that you order are intended for personal, domestic, non-commercial use only and quantity restrictions may apply as set out on the website from time to time.
3.10 You acknowledge that the internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place orders may not be available, your order may not be received, your order may be lost or misdirected or your order may be delayed.
3.11 You must take your own precautions to ensure that the process which you employ for accessing the website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
3.12 Except to the extent otherwise required by law, Jivana will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with any of the events set out in clause 3.10 or arising out of or in connection with you accessing the website.
4 Acceptance/rejection of Orders
4.1 Jivana reserves the right to accept or reject your order for any reason at any time.
4.2 When Jivana accepts an order, it represents an agreement by Jivana to supply you with the Goods or Services in accordance with the order and with these Terms and Conditions.
4.3 In the event that Jivana rejects an order, Jivana will notify you of that rejection and the reason for that rejection via phone or email as soon as reasonably practicable after the placement of the order. Jivana will not be liable to you for your loss or that of any third party for the rejection of an order.
4.4 Jivana will process payment for your order immediately before dispatch of the Goods or Services to you. At this time, Jivana will send you an email confirming that payment has been made and that the Goods or Services have been dispatched, together with an invoice for your order. This email represents confirmation that your order has been accepted.
5.1 You must pay for Goods or Services by credit card or prepaid payment cards (as listed on the website from time to time). Jivana uses the secure third party payment processor eWAY for all online transactions (for further information about eWAY please visit www.eWAY.com.au). The name on the credit card/payment card must match the name on the order. By providing your credit card/payment card, you authorise Jivana to deduct the price and the applicable delivery charge(s) from such card.
5.2 Jivana reserves the right to change the payment methods that can be used for orders at any time in its absolute discretion.
5.3 Jivana may not be able to, or may decline to, accept payment from you by your nominated payment method at any time, for any reason, including, without limitation: (a) where fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; (c) because your payment card has expired. Where this is the case, your order will be placed on hold and Jivana will contact you to ask you to provide additional information (eg proof of identity documents) or arrange payment by another method. If you are unable to comply with such a request within the timescale specified, your order may be cancelled.
5.4 Goods or Services that you have ordered will not be dispatched to you until your payment for the Goods or Services has cleared. If your payment cannot be processed, your order will be rejected and Jivana will notify you.
5.5 In paying or attempting to pay for the Goods or Services, you agree that you have not engaged in any fraudulent conduct or contravened any law.
5.6 Payment for courses or assessments that are made available by Jivana or a third party provider such as Qi Health Clinic Pty Ltd (ACN 131 875 879) via DVD or through online access (“Courses”) must be made in full prior to the commencement of the Course.
6 Cancellation of Orders
6.1 Jivana reserves the right to cancel, at any time before delivery and for whatever reason, an order that it has previously accepted. Jivana may do this for example, but without limitation, where:
(a) Jivana’s suppliers are unable to supply Goods or Services that they have previously promised to supply;
(b) An event beyond Jivana’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Jivana is unable to supply the Goods or Services within a reasonable time;
(c) Goods ordered were subject to an error on the website, for example, in relation to a description, price, or image that was not discovered prior to the order being accepted;
(d) You ask Jivana to cancel your order in accordance with these Terms and Conditions;
(e) You breach these Terms & Conditions;
(f) In the circumstances set out in clause 5.3.
6.2 You may cancel your order where Jivana:
(a) Has breached a material term of this Agreement;
(b) Is not able to deliver your order within a reasonable time of the estimated delivery time set out on the website, other than a result of any delay for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods or Services.
6.3 Subject to clause 12.6, in the unlikely event of Jivana or you cancelling your order after payment has been processed, Jivana will refund any money paid in respect of that order. Your receipt of the refund will depend on the period of time it takes your financial institution to finalise the refund. Except to the extent otherwise required by law or as otherwise expressly set out in these Terms and Conditions, Jivana will not be liable with respect to any loss, damage, cost, expense or injury you or a third party incur as a result of cancellation of your order.
7 Availability of Goods or Services
7.1 You acknowledge and agree that from time to time, some Goods or Services on the website may be out of stock or unavailable or affected by an error on the website (for example, in relation to a description of Goods or Services, an image, price or otherwise) and Jivana may not be able to fulfil all or part of your order. If this occurs, Jivana at its complete discretion shall use reasonable endeavours to either source the Goods or Services or contact you within a reasonable time to either a arrange a full or partial refund or change your order to replace the Goods or Service with a comparable product in a similar price range (where available) as agreed with you, or come to an alternative arrangement.
7.2 Jivana reserves the right to withdraw or suspect any Goods or Services displayed on the website from sale either temporarily or permanently at any time without notice to you. Jivana will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of availability with respect to a particular Good or Service.
7.3 Where a Good or Service which is the subject of an order has been withdrawn or suspended from sale and your payment for the Good or Service has already been processed, Jivana will use reasonable endeavours to refund any money in respect of that unfulfilled Good or Service as soon as reasonably practicable. Your receipt of the refund will depend on the period of time it takes your financial institution to finalise the refund. Jivana is not liable with respect to any loss, damage, cost, expense or injury you or a third party incur as a result of any delay in processing your refund.
8.1 You acknowledge and agree that:
(a) All pictures and images of Goods or Services displayed on the website are for illustration purposes only and that sizes and dimensions may differ in real life;
(b) You have read any corresponding written description of the Goods and Services prior to submitting your order;
(c) The colour of goods as shown on the website may vary slightly in shade in real life;
(d) Where Jivana provides dimensions and measurements in the descriptions of Goods (where applicable or available), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your order (including whether the Goods will be capable of delivery to your delivery address due to sufficient, appropriate and safe access); and
(e) Any accessory featured with Goods or Services is for illustration purposes only and may be sold separately.
8.2 Goods or Services provided by Jivana should not be considered or used as a substitute for professional medical or mental health advice, diagnosis, or treatment and are not intended to diagnose, treat, cure or prevent any disease or medical condition. If you have or suspect you may have a medical or psychological problem, you should consult your appropriate health care provider. You hereby agree that you shall not make any medical or health-related decision based in whole or in part on any information contained in Goods or Services purchased from or provided by Jivana.
8.3 Any review or other matter that could be regarded as a testimonial or endorsement about any Goods or Services does not constitute a guarantee, warranty, or prediction regarding the outcome of any use of such Goods or Services. Testimonials represent the anecdotal experience of individual consumers which are not a substitute for scientific research.
8.4 You acknowledge that for people in poor health or with pre-existing physical or mental health conditions there may be risks associated with using the Goods or Services. You agree to obtain any necessary medical advice before purchasing or using such Goods or Services.
8.5 In relation to Courses, you warrant that you have fully disclosed:
(a) Any known disability, impairment or physical or psychological conditions or other issues which may affect your participation in the Course; and
(b) Any conflicts of interest, or ethical, cultural or religious views that may be relevant to your participation in the Course.
8.6 Jivana, Qi Health Clinic Pty Ltd and/or any other third party provider through whom Courses may be provided from time to time, make no warranties:
(a) about your ability to successfully complete the Course, attain the Certificate of Participation, or to acquire any particular skills as a result of undertaking the Course; or
(b) that completion of the Course leads to any formal accreditation other than a Certificate of Completion awarded by Qi Health Clinic Pty Ltd or any other third party provider or qualifies you to register as a health practitioner in any jurisdiction.
To the extent permitted by law, Jivana and Qi Health Clinic Pty Ltd exclude any warranties that might otherwise be implied by legislation.
8.7 Subject to any rights you have under any consumer protection law and to the fullest extent permitted by law, Jivana will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statute or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms and Conditions.
8.8 Jivana’s liability to you for loss or damage of any kind arising out these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
9.1 Risk and title in Goods passes to you on the date and time of delivery of Goods to the delivery address provided in your order.
9.2 Goods will generally only be delivered to addresses within Australia. Jivana will deliver to PO Boxes in Australia where possible based on the size or type of Goods.
9.3 Jivana may, in its absolute discretion, agree to accept orders for delivery outside of Australia but is under no obligation to do so.
9.4 Jivana uses third party delivery or shipping companies to deliver its Goods (“Delivery Agent”). You agree to your details including your delivery address to be supplied to the Delivery Agent for the purpose of delivering your Goods.
9.5 On delivery, you or your nominated representative may be required to sign a proof of delivery document. If you are not available to take delivery your Goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address. It is your responsibility to follow the instructions stated on the calling card. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.
9.6 If you require Goods that you have ordered to be redirected to an address which is not the original order address, Jivana may charge you a reasonable fee for doing this. No warrantee is made that redirection will be possible.
9.7 You acknowledge and agree that notwithstanding anything in these Terms and Conditions,
(a) Jivana cannot guarantee that delivery will occur within the precise time frames specified on the website from time to time;
(b) that delivery time frames may change from time to time due to unforeseen circumstances; and
(c) Jivana is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
9.8 In respect of Courses delivered online, you acknowledge that it is your responsibility to ensure access to an adequate internet connection and sufficient data limits for the purpose of streaming video.
10 Returns/Faulty or Damaged Goods/Cancelling Services
10.1 If you simply change your mind about Goods or Services purchased from Jivana, other than Courses, you may return Goods within 30 days of purchase in their original condition for a full refund, exchange or credit. For the sake of clarity, no change of mind refunds will be given in relation to Courses.
10.2 You should check your Goods as soon as they are delivered to you in order to ensure that they are what you ordered and that they are not damaged or faulty.
10.3 You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and failure does not amount to a major failure.
10.4 Depending on the price and quality of Goods, you may be entitled to a remedy after any manufacturers’ warranty has expired.
10.5 You are responsible for the cost of returning Goods, unless the cost of doing so is significant. In this case, Jivana shall organise and pay for the return or exchange.
10.6 You do not have to return products in the original packaging in order to get a refund where the Goods are faulty or damaged. However, Jivana encourages you do use the original packaging where possible in order to avoid damage in transit.
10.7 Pursuant to the Australian Consumer Law, if you have a major problem with a Service, or a minor problem that cannot be fixed within a reasonable period of time, you have the right to cancel the Service if it is provided with an unacceptable level of care and skill, unfit for the purpose for which you asked for or not delivered within a reasonable period of time when there is no agreed end date. You must pay for Services that have worked as expected or where you have changed your mind, insisted on having a Service provided a certain way against the advice of Jivana, its directors or employees or failed to clearly explain your needs.
10.8 When returning Goods or cancelling Services, Jivana must be provided with proof of purchase, such as a receipt, credit card statement or invoice.
11 Privacy and confidentiality
11.1 Jivana is committed to providing you with the best possible customer service, which includes respecting the privacy of its customers. Jivana complies with the privacy principles imposed by law in relation to the collection and disclosure of information regarding individuals.
11.2 Jivana uses the information you give it to process any orders you may make, as well as to send you up-to-date information about Goods and Services that may be of interest to you in the future.
11.3 Jivana may occasionally hire other companies to provide services on its behalf, including but not limited to handling customer support enquiries, processing transactions or Delivery Agents. Those companies will be permitted to obtain only the personal information they need to deliver the service. Jivana takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
11.4 For each visitor to reach the website, Jivana may collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at this website.
11.5 From time to time, Jivana may use customer information for new, unanticipated uses not previously disclosed in these Terms and Conditions. If Jivana’s information practices change at some time in the future Jivana will only use data collected from the time of the policy change for these purposes.
11.6 You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know.
11.7 In relation to Courses, you agree to keep confidential all confidential or personal information disclosed by Jivana, any third party provider, Course instructors or any other participants in the Course.
12 Intellectual property
12.1 You agree that all intellectual property rights in material provided to you regarding Courses, such as manuals and teaching materials (“Materials”) belong to Jivana and/or Qi Health Clinic Pty Ltd.
12.2 You are granted a non-exclusive, perpetual, royalty-free licence (“Licence”) to use the Materials for personal use only, subject to these Terms and Conditions.
12.3 You must not copy, disclose or distribute any part of the Materials to others or use the Materials for commercial purposes.
12.4 You must not reverse engineer, broadcast or create derivative works from the Materials.
12.5 The Licence contained in this clause does not extend to any trade mark whether registered or unregistered. You must not use any trade mark belonging to Jivana or Qi Health Clinic Pty Ltd or hold yourself out as a qualified practitioner or instructor in the methods contained in the Course.
12.6 If Jivana or Qi Health Clinic Pty Ltd cancels your participation in the Course for any reason, you must immediately return all Materials in your possession or control. You will not be entitled to any further tuition, training or services under these Terms and Conditions and will not be entitled to a refund of any part of the cost already paid to Jivana or Qi Health Clinic Pty Ltd regarding your participation in the Course except as may be required by law.
13.1 Jivana reserves the right to amend these Terms and Conditions at any time. Any amendment will take place from the time it appears on the website. The Terms and Conditions that apply at the time you place your order are the Terms and Conditions that will apply to that order.
13.2 These Terms and Conditions are governed by the law in force in Victoria.
13.3 Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms or Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
13.4 You agree to indemnify Jivana and Qi Health Clinic Pty Ltd at all times against:
(a) All liability for loss, damage or injury to persons or property caused by you;
(b) All claims, damages, costs and expenses suffered by Jivana or Qi Health Clinic Pty Ltd in respect of such loss, damage or injury or due to any other breach by you of these Terms and Conditions;
(c) Any indirect or consequential loss, including loss of profits and legal costs.
13.5 Jivana may appoint suitably qualified agents, employees or sub-contractors to provide any of the Goods and Services from time to time.
13.6 This website may contain links to third party websites that are not owned and operated by Jivana. These links are provided for your convenience only and;
(a) Jivana makes no representations or warranties and has no responsibility or liability for, those websites; and
(b) These links do not indicate, expressly or impliedly, that Jivana endorses those websites or any individuals, businesses, products or services that are promoted or provided at those websites.
You should carefully review the privacy policies and conditions for use of those websites.